VARIATION AND WAIVER. 16.1 A variation of this Agreement shall be in writing and signed by or on behalf of all Parties. 16.2 A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the person to which the waiver is addressed and the circumstances for which it is given. 16.3 A person that waives a right in relation to one person, or takes or fails to take any action against that person, does not affect its rights against any other person. 16.4 No failure to exercise or delay in exercising any right or remedy provided under this Agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof. 16.5 No single or partial exercise of any right or remedy under this Agreement shall preclude or restrict the further exercise of any such right or remedy. 16.6 Unless specifically provided otherwise, rights and remedies arising under this Agreement are cumulative and do not exclude rights and remedies provided by law.
Appears in 5 contracts
Sources: Governance Agreement, Governance Agreement, Governance Agreement
VARIATION AND WAIVER. 16.1 A variation of this Agreement shall be in writing and signed by or on behalf of all Parties.
16.2 A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the person to which the waiver is addressed and the circumstances for which it is given.
16.3 A person that waives a right in relation to one person, person or takes or fails to take any action against that person, does not affect its rights against any other person.
16.4 No failure to exercise or delay in exercising any right or remedy provided under this Agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.
16.5 No single or partial exercise of any right or remedy under this Agreement shall preclude or restrict the further exercise of any such right or remedy.
16.6 Unless specifically provided otherwise, rights and remedies arising under this Agreement are cumulative and do not exclude rights and remedies provided by law.
Appears in 5 contracts
Sources: Operational Agreement, Operational Agreement, Governance Agreement
VARIATION AND WAIVER. 16.1 17.1 A variation of this Agreement shall be in writing and signed by or on behalf of all Parties.
16.2 17.2 A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the person to which the waiver is addressed and the circumstances for which it is given.
16.3 17.3 A person that waives a right in relation to one person, or takes or fails to take any action against that person, does not affect its rights against any other person.
16.4 17.4 No failure to exercise or delay in exercising any right or remedy provided under this Agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.
16.5 17.5 No single or partial exercise of any right or remedy under this Agreement shall preclude or restrict the further exercise of any such right or remedy.
16.6 17.6 Unless specifically provided otherwise, rights and remedies arising under this Agreement are cumulative and do not exclude rights and remedies provided by law.
Appears in 2 contracts
Sources: Governance Agreement, Intra Group Agreement
VARIATION AND WAIVER. 16.1 A Any variation of this Agreement agreement shall be in writing and signed by or on behalf of all Partiesthe parties.
16.2 A Any waiver of any right under this Agreement agreement is only effective if it is in writing and it applies only to the person party to which whom the waiver is addressed and to the circumstances for which it is given.
16.3 A person party that waives a right in relation to one personparty, or takes or fails to take any action against that personparty, does not affect its rights against in relation to any other personparty.
16.4 No failure to exercise or delay in exercising any right or remedy provided under this Agreement agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.
16.5 No single or partial exercise of any right or remedy under this Agreement agreement shall preclude or restrict the further exercise of any such right or remedy.
16.6 Unless specifically provided otherwise, rights and remedies arising under this Agreement agreement are cumulative and do not exclude rights and remedies provided by law.
Appears in 1 contract
VARIATION AND WAIVER. 16.1 30.1 A variation of this Agreement shall be in writing and signed by or on behalf of all Partiesparties.
16.2 30.2 A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the person to which the waiver is addressed and the circumstances for which it is given.
16.3 30.3 A person that waives a right in relation to one person, or takes or fails to take any action against that person, does not affect its rights against any other person.
16.4 30.4 No failure to exercise or delay in exercising any right or remedy provided under this Agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.
16.5 30.5 No single or partial exercise of any right or remedy under this Agreement shall preclude or restrict the further exercise of any such right or remedy.
16.6 30.6 Unless specifically provided otherwise, rights and remedies arising under this Agreement are cumulative and do not exclude rights and remedies provided by law.
Appears in 1 contract
Sources: Subscription and Shareholders’ Agreement (Evergreen Energy Inc)
VARIATION AND WAIVER. 16.1 A 16.1. No variation of this Agreement shall be effective unless it is in writing and signed by or on behalf of all Partiesthe Buyer and the Seller.
16.2 A 16.2. Any waiver of any right under this Agreement is only effective if it is in writing writing, and it applies only to the person party to which whom the waiver is addressed and the circumstances for which it is givengiven and shall not prevent the party who has given the waiver from relying subsequently or in changed circumstances or as against different persons on the provision it has waived.
16.3 A person that waives a right in relation to one person, or takes or fails to take any action against that person, does not affect its rights against any other person.
16.4 16.3. No failure to exercise or delay in exercising any right or remedy provided under this Agreement or by law constitutes a waiver of such right or remedy or shall will prevent any future exercise in whole or in part thereofof such right or remedy.
16.5 16.4. No single or partial exercise of any right or remedy under this Agreement shall preclude or restrict the further exercise of any such right or remedy.
16.6 16.5. Unless specifically provided otherwise, rights and remedies arising under this Agreement are cumulative and do not exclude rights and remedies provided by lawLaw.
Appears in 1 contract
VARIATION AND WAIVER. 16.1 20.1 A variation of this Agreement shall be in writing and signed by or on behalf of all both Parties.
16.2 20.2 A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the person to which the waiver is addressed and the circumstances for which it is given.
16.3 20.3 A person that waives a right in relation to one person, person or takes or fails to take any action against that person, does not affect its his rights against any other person.
16.4 20.4 No failure to exercise or delay in exercising any right or remedy provided under this Agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.
16.5 20.5 No single or partial exercise of any right or remedy under this Agreement shall preclude or restrict the further exercise of any such right or remedy.
16.6 20.6 Unless specifically provided otherwise, rights and remedies arising under this Agreement are cumulative and do not exclude rights and remedies provided by law.
Appears in 1 contract
Sources: Governance Agreement
VARIATION AND WAIVER. 16.1 29.1 A variation of this Agreement shall be in writing and signed by or on behalf of all Partiesparties.
16.2 29.2 A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the person to which the waiver is addressed and the circumstances for which it is given.
16.3 29.3 A person that waives a right in relation to one person, or takes or fails to take any action against that person, does not affect its rights against any other person.
16.4 29.4 No failure to exercise or delay in exercising any right or remedy provided under this Agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.
16.5 29.5 No single or partial exercise of any right or remedy under this Agreement shall preclude or restrict the further exercise of any such right or remedy.
16.6 29.6 Unless specifically provided otherwise, rights and remedies arising under this Agreement are cumulative and do not exclude rights and remedies provided by law.
Appears in 1 contract
VARIATION AND WAIVER. 16.1 22.1 A variation of this Agreement agreement shall be in writing and signed by or on behalf of all Partiesparties.
16.2 22.2 A waiver of any right under this Agreement agreement is only effective if it is in writing and it applies only to the person to which the waiver is addressed and the circumstances for which it is given.
16.3 22.3 A person that waives a right in relation to one person, or takes or fails to take any action against that person, person does not affect its rights against any other person.
16.4 22.4 No failure to exercise or delay in exercising any right or remedy provided under this Agreement agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.
16.5 22.5 No single or partial exercise of any right or remedy under this Agreement agreement shall preclude or restrict the further exercise of any such right or remedy.
16.6 22.6 Unless specifically provided otherwise, rights and remedies arising under this Agreement agreement are cumulative and do not exclude rights and remedies provided by law.
Appears in 1 contract
Sources: Shareholders Agreement (Scio Diamond Technology Corp)
VARIATION AND WAIVER. 16.1 19.1 A variation of this Agreement agreement shall be in writing and signed by or on behalf of all Partiesparties.
16.2 19.2 A waiver of any right under this Agreement agreement is only effective if it is in writing and it applies only to the person to which the waiver is addressed and the circumstances for which it is given.
16.3 19.3 A person that waives a right in relation to one person, or takes or fails to take any action against that person, does not affect its rights against any other person.
16.4 19.4 No failure to exercise or delay in exercising any right or remedy provided under this Agreement agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.
16.5 19.5 No single or partial exercise of any right or remedy under this Agreement agreement shall preclude or restrict the further exercise of any such right or remedy.
16.6 19.6 Unless specifically provided otherwise, rights and remedies arising under this Agreement agreement are cumulative and do not exclude rights and remedies provided by law.
Appears in 1 contract