Common use of Variations and Waivers Clause in Contracts

Variations and Waivers. 9.1 Subject to the following provisions of this Clause 9, the Applicant and the Issuer shall be bound by any variation, waiver or suspension of any provision of this Agreement which is evidenced by a document signed by, or by an exchange of emails between, the Applicant and the Issuer. 9.2 No right or remedy to which the Issuer is entitled under or in connection with this Agreement shall be adversely affected by a variation, waiver or suspension made in relation to this Agreement except as specifically stated by the variation, waiver or suspension. 9.3 Except as set out in the previous provisions of this Clause 9, no act, course of conduct, failure or neglect to act or acquiescence on the part of the Issuer (or any person acting on behalf of the Issuer) shall result in the Issuer (or any person acting on behalf of the Issuer) being taken to have waived, or being precluded (permanently or temporarily) from enforcing or relying on: (a) a provision of this Agreement; or (b) its rights in respect of a breach by the Applicant of an obligation under this Agreement or the general law; or (c) any right under the general law, including any right arising out of a breach such as is described in paragraph (b) above.

Variations and Waivers. 9.1 Subject to the following provisions of this Clause 9, the Applicant and the Issuer shall be bound by any variation, waiver or suspension of any provision of this Agreement which is evidenced by a document signed by, or by an exchange of emails between, the Applicant and the Issuer. 9.2 No right or remedy to which the Issuer is entitled under or in connection with this Agreement shall be adversely affected by a variation, waiver or suspension made in relation to this Agreement except as specifically stated by the variation, waiver or suspension. 9.3 Issuer may from time to time vary the terms of this Agreement by written amendment, and the Agreement, as so amended, shall be substituted for the original and become the operative and binding Agreement without the need for further action by Applicant or Issuer with immediate effect, or such other effective date as may be stated in such amendment. 9.4 Except as set out in the previous provisions of this Clause 9, no act, course of conduct, failure or neglect to act or acquiescence on the part of the Issuer (or any person acting on behalf of the Issuer) shall result in the Issuer (or any person acting on behalf of the Issuer) being taken to have waived, or being precluded (permanently or temporarily) from enforcing or relying on: (a) a provision of this Agreement; or (b) its rights in respect of a breach by the Applicant of an obligation under this Agreement or the general law; or (c) any right under the general law, including any right arising out of a breach such as is described in paragraph (b) above.