Common use of Amendment; Waiver Clause in Contracts

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 67 contracts

Sources: Letter Agreement, Investment Agreement, Employment Agreement

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 51 contracts

Sources: Severance and Retention Agreement (CSK Auto Corp), Severance and Retention Agreement (CSK Auto Corp), Employment Agreement (CSK Auto Corp)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtExecutive and the Company. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any preceding breach of any provision of this Agreement shall be deemed to be operate as a waiver of any preceding or a succeeding breach of the same or any other provisionthis Agreement.

Appears in 24 contracts

Sources: Employment Agreement (Aeropostale Inc), Employment Agreement (Aeropostale Inc), Employment Agreement (Aeropostale Inc)

Amendment; Waiver. This The Parties agree that this Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party Party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 21 contracts

Sources: Employment Agreement (Duos Technologies Group, Inc.), Employment Agreement (Duos Technologies Group, Inc.), Employment Agreement (Duos Technologies Group, Inc.)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 12 contracts

Sources: Employment Agreement (Change Healthcare Holdings, Inc.), Employment Agreement (TC3 Health, Inc.), Employment Agreement (TC3 Health, Inc.)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, discharged except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 9 contracts

Sources: Employment Agreement (Brite Voice Systems Inc), Confidentiality and Non Competition Agreement (Total Entertainment & Restaurant Corp), Employment Agreement (Brite Voice Systems Inc)

Amendment; Waiver. This Agreement may not be amended, ----------------- supplemented, canceled cancelled or discharged, except by written instrument executed by the party against as to whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.

Appears in 8 contracts

Sources: Employment Agreement (Provantage Health Services Inc), Employment Agreement (Provantage Health Services Inc), Employment Agreement (Provantage Health Services Inc)

Amendment; Waiver. (a) This Agreement may shall not be amended, supplemented, canceled amended or discharged, modified except by written instrument duly executed by each of the parties. (b) No waiver of any term or provision of this Agreement shall be effective unless in writing, signed by the party against whom enforcement of the same is sought. The grant of a waiver in one instance does not constitute a continuing waiver in any other instances. No failure by any party to exercise, and no delay by any party in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 8 contracts

Sources: Voting and Support Agreement (Katz Jason), Voting and Support Agreement (Paltalk, Inc.), Voting and Support Agreement (Liberty 77 Capital L.P.)

Amendment; Waiver. This Agreement may not be modified, amended, or supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtall parties. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder under this Agreement shall operate as a waiver thereofwaiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision, nor shall any waiver be implied from any course of dealing between the parties.

Appears in 6 contracts

Sources: Employment Agreement (Healthier Choices Management Corp.), Employment Agreement (Healthier Choices Management Corp.), Employment Agreement (Healthier Choices Management Corp.)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.

Appears in 6 contracts

Sources: Employment and Change in Control Agreement (Schiff Nutrition International, Inc.), Employment Agreement (Schiff Nutrition International, Inc.), Employment Agreement (Weider Nutrition International Inc)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 5 contracts

Sources: Employment Agreement (Webmd Corp /New/), Employment Agreement (Webmd Corp /New/), Employment Agreement (Careinsite Inc)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, discharged except by a written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 5 contracts

Sources: Employment Agreement (Avatech Solutions Inc), Employment Agreement (Avatech Solutions Inc), Employment Agreement (Avatech Solutions Inc)

Amendment; Waiver. This Agreement may not be amended, ----------------- supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 5 contracts

Sources: Employment Agreement (Careinsite Inc), Employment Agreement (Careinsite Inc), Employment Agreement (Synetic Inc)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtall parties. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 5 contracts

Sources: Resignation Agreement (Polymedica Corp), Retirement Agreement (Polymedica Corp), Retirement Agreement (Polymedica Corp)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled ------------------ cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 5 contracts

Sources: Employment Agreement (Telaxis Communications Corp), Employment Agreement (Telaxis Communications Corp), Employment Agreement (Telaxis Communications Corp)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against as to whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.

Appears in 5 contracts

Sources: Employment Agreement (First Community Banking Services Inc), Employment Agreement (First Community Banking Services Inc), Employment Agreement (First Community Banking Services Inc)

Amendment; Waiver. This No provision of this Agreement may not be amended, supplemented, canceled amended or discharged, modified except by a written instrument signed by both parties. No waiver by any party of any provision hereof shall be effective unless explicitly set forth in writing and executed by the party against whom enforcement is soughtso waiving. The waiver by either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other subsequent breach. No failure on the part of any party to exercise, and no delay in exercising, any right, power or privilege hereunder right under this Agreement shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionsuch right.

Appears in 4 contracts

Sources: Subscription Agreement (Nouveau Monde Graphite Inc.), Subscription Agreement (Nouveau Monde Graphite Inc.), Subscription Agreement (Canada Growth Fund Inc.)

Amendment; Waiver. This Agreement may not be amended, ----------------- supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 4 contracts

Sources: Employment Agreement (Synetic Inc), Employment Agreement (Medical Manager Corp/New/), Employment Agreement (Synetic Inc)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against as to whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.

Appears in 3 contracts

Sources: Employment Agreement (Cornerstone Therapeutics Inc), Employment Agreement (Cornerstone Therapeutics Inc), Employment Agreement (Provantage Health Services Inc)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionprovisions.

Appears in 3 contracts

Sources: Employment Agreement (Cardiotech International Inc), Employment Agreement (Cardiotech International Inc), Employment Agreement (Cardiotech International Inc)

Amendment; Waiver. (a) This Agreement may shall not be amended, supplemented, canceled amended or discharged, modified except by written instrument duly executed by each of the parties. (b) No waiver of any term or provision of this Agreement shall be effective unless in writing, signed by the party against whom enforcement of the same is sought. The grant of a waiver in one instance does not constitute a continuing waiver in any other instances. No failure by any party to exercise, and no delay by any party in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 3 contracts

Sources: Voting and Support Agreement (Apache Corp), Voting and Support Agreement (Blackstone Holdings III L.P.), Voting and Support Agreement (Liberty Oilfield Services Inc.)

Amendment; Waiver. This Agreement may not be amended, ----------------- supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 2 contracts

Sources: Employment Agreement (Millitech Corp), Employment Agreement (Synetic Inc)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.

Appears in 2 contracts

Sources: Employment Agreement (Weider Nutrition International Inc), Employment Agreement (Weider Nutrition International Inc)

Amendment; Waiver. This Agreement may not be modified or amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtboth parties. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder under this Agreement shall operate as a waiver thereofwaiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding subsequent breach of the same or any other provision, nor shall any waiver be implied from any course of dealing between the parties.

Appears in 2 contracts

Sources: Confidential Subscription Agreement, Confidential Subscription Agreement

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.

Appears in 2 contracts

Sources: Employment Agreement (First Bancshares Inc /MS/), Employment Agreement (First Bancshares Inc /MS/)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except amended only in writing by written instrument executed duly authorized representatives of the Parties hereto. No waiver of any provision of this Agreement shall be effective unless given in writing signed by the party against whom enforcement the waiver is soughtsought to be enforced. No failure to exercise, and no delay in exercising, any right, power power, or privilege hereunder shall under this Agreement will operate as a waiver thereof. No waiver hereof, nor will any single or partial exercise of any breach of any provision of right, power, or privilege under this Agreement shall be deemed to be a waiver of preclude any preceding or succeeding breach further exercise of the same or any other provisionright, power, or privilege hereunder.

Appears in 1 contract

Sources: Hospital Agreement

Amendment; Waiver. This Agreement may not be ----------------- amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against as to whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.

Appears in 1 contract

Sources: Employment Agreement (Merck & Co Inc)

Amendment; Waiver. This Agreement may not be amended, amended supplemented, canceled or dischargedterminated, except by written instrument executed by the party against whom enforcement is soughtboth parties. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder under this Agreement shall operate as a waiver thereofof such right, power or privilege. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 1 contract

Sources: Success Bonus Agreement (Beam Inc)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by you and the party against whom enforcement is soughtCompany. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any preceding breach of any provision of this Agreement shall be deemed to be operate as a waiver of any preceding or a succeeding breach of the same or any other provisionthis Agreement.

Appears in 1 contract

Sources: Consulting Agreement (Aeropostale Inc)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of of 7.1 this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionprovisions.

Appears in 1 contract

Sources: Employment Agreement (Seriesone, Inc)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtExecutive and the Company and Crumbs. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any preceding breach of any provision of this Agreement shall be deemed to be operate as a waiver of any preceding or a succeeding breach of the same or any other provisionthis Agreement.

Appears in 1 contract

Sources: Employment Agreement (57th Street General Acquisition Corp)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.,

Appears in 1 contract

Sources: Business Support Services Agreement (Smile Brands Group Inc.)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtparties. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 1 contract

Sources: Employment Agreement (Polymedica Corp)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled canceled, or discharged, except by written instrument executed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionthis Agreement.

Appears in 1 contract

Sources: Employment Agreement (First Bancshares Inc /MS/)

Amendment; Waiver. This No provision of this Agreement may not be amended, supplemented, canceled amended or discharged, modified except by a written instrument executed signed by all the Parties. Any provision of this Agreement may be waived if, and only if, such waiver is in writing (which may include e-mail) by the party Party against whom enforcement the waiver is soughtto be effective. No failure to exercise, and no or delay by any Party in exercising, exercising any right, power or privilege hereunder shall operate as a waiver thereof. No thereof nor shall any single or partial waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or exercise thereof preclude any other provisionor further exercise.

Appears in 1 contract

Sources: Investor Rights Agreement (Just Energy Group Inc.)

Amendment; Waiver. This Agreement may not be amended, ----------------- supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionprovisions.

Appears in 1 contract

Sources: Employment Agreement (Cardiotech International Inc)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, discharged except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver waive thereof. No waiver of any breach of any provision of this Agreement agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 1 contract

Sources: Employment Agreement (Brite Voice Systems Inc)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtboth parties. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 1 contract

Sources: Employment Agreement (HLTH Corp)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionprovisions.

Appears in 1 contract

Sources: Employment Agreement (Cardiotech International Inc)

Amendment; Waiver. This Agreement may not be amended, ----------------------- supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 1 contract

Sources: Consulting Agreement (Moore Benjamin & Co)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by both parties, except that this Agreement may be amended by the party against whom enforcement is soughtCompany without Employee’s consent to the extent required or advisable by applicable law. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 1 contract

Sources: President’s Award Agreement (Navigators Group Inc)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. thereof No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 1 contract

Sources: Consulting Agreement (Greenwich Air Services Inc)

Amendment; Waiver. This Agreement may not be amended, amended supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is sought. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 1 contract

Sources: Business Support Services Agreement (Smile Brands Group Inc.)

Amendment; Waiver. This Agreement may shall not be amended, supplemented, canceled modified or discharged, supplemented except by a written instrument executed signed by an authorized representative of each of the party against whom enforcement is soughtparties hereto. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 1 contract

Sources: Noncompetition, Nonsolicitation and Stock Sale Forbearance Agreement (Allscripts Healthcare Solutions Inc)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled cancelled or dischargedterminated, except by written instrument executed by the party against whom enforcement is soughtboth parties. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder under this Agreement shall operate as a waiver thereofof such right, power or privilege. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision.

Appears in 1 contract

Sources: Success Bonus and Consulting Agreement (Beam Inc)

Amendment; Waiver. This Agreement may not be amended, supplementedor its requirements waived, canceled or discharged, except only by written instrument executed a writing signed by the party against whom enforcement is soughtRecipient and . No waiver by any party of any provision hereof shall be taken or held to be a waiver of any subsequent breach thereof. It is further understood and agreed that no failure to exercise, and no or delay by in exercising, exercising any right, power or privilege hereunder shall operate as a waiver thereof. No waiver , nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding right, power, or succeeding breach of the same or any other provisionprivilege hereunder.

Appears in 1 contract

Sources: Confidentiality Agreement

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtExecutive and the Companies. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any preceding breach of any provision of this Agreement shall be deemed to be operate as a waiver of any preceding or a succeeding breach of the same or any other provisionthis Agreement.

Appears in 1 contract

Sources: Securities Grant Agreement (57th Street General Acquisition Corp)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or dischargedits provisions supplemented or otherwise modified, except by written an instrument executed in writing, signed by the parties. Any waiver of any provision of this Agreement shall be effective only if it is in writing and is signed by the party against whom enforcement the waiver is soughtsought to be effective. No failure to exercise, and no or delay by any party in exercising, exercising any right, power right or privilege hereunder shall operate as a waiver thereof. No waiver , nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding other right, power or succeeding breach of the same or any other provisionprivilege.

Appears in 1 contract

Sources: Customer Agreement

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no or delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionAgreement shall constitute a waiver of a succeeding breach.

Appears in 1 contract

Sources: Separation Agreement (Weider Nutrition International Inc)

Amendment; Waiver. This Agreement may not be amended, supplemented, canceled ----------------- cancelled or discharged, except by written instrument executed by the party against whom enforcement is soughtaffected thereby. No failure to exercise, and no delay in exercising, any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provisionprovisions.

Appears in 1 contract

Sources: Employment Agreement (Cardiotech International Inc)