Common use of Waiver of Failure of Conditions Precedent Clause in Contracts

Waiver of Failure of Conditions Precedent. At the Closing or any time or times on or before the date specified for the satisfaction of any condition, Seller or Buyer may elect in writing to waive the benefit of any condition in this Agreement expressly for the benefit of Seller or Buyer, respectively. Except with respect to Subsection 4.2(a), by closing the Transaction, each party shall be conclusively deemed to have waived the benefit of any remaining unfulfilled condition herein for such party’s benefit. To the extent, if any, that this Section 4.3 is inconsistent with Subsections 6.3.1 through 6.3.4 below, the provisions of said Subsections 6.3.1 through 6.3.4 shall govern.