Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 334 contracts
Sources: Consulting Agreement (Pamt Corp), Employment Agreement (National Retail Properties, Inc.), Retirement and Transition Agreement (NNN Reit, Inc.)
Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties all parties, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 142 contracts
Sources: Securities Purchase Agreement (Transportation & Logistics Systems, Inc.), Funds Escrow Agreement, Escrow Agreement (OncBioMune Pharmaceuticals, Inc)
Waivers and Amendments. This Agreement may be amended, modified, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilege, privilege hereunder preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 85 contracts
Sources: Key Executive Employment Agreement (Englobal Corp), Executive Employment Agreement (Englobal Corp), Employment Agreement (Metalico Inc)
Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, in each case only by a written instrument signed by the all parties hereto, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 68 contracts
Sources: Funds Escrow Agreement, Funds Escrow Agreement (Powercold Corp), Security Agreement (Deja Foods Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, thereof nor shall any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 55 contracts
Sources: Employment Agreement (Stewart Information Services Corp), Employment Agreement (Stewart Information Services Corp), Employment Agreement (Stewart Information Services Corp)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall will operate as a waiver thereof, nor shall will any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 42 contracts
Sources: Change in Control Agreement (Flagstar Financial, Inc.), Change in Control Agreement (American Equity Investment Life Holding Co), Change in Control Agreement (American Equity Investment Life Holding Co)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No Except as expressly provided herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 39 contracts
Sources: Employment Agreement (Global Self Storage, Inc.), Employment Agreement (National Storage Affiliates Trust), Employment Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Waivers and Amendments. This Agreement may be altered, amended, supersededmodified, canceled, renewed superseded or extendedcancelled, and the terms hereof may be waived, only by a written instrument signed by the parties Parties or, in the case of a waiver, by the party waiving Party alleged to have waived compliance. Any such signature of the Company must be by an authorized signatory for the Company. No delay on the part of by any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 30 contracts
Sources: Employment Agreement (Solidion Technology Inc.), Employment Agreement (Solidion Technology Inc.), Executive Employment Agreement (MAIA Biotechnology, Inc.)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 23 contracts
Sources: Employment Agreement (Electronic Servitor Publication Network, Inc.), Employment Agreement (Electronic Servitor Publication Network, Inc.), Employment Agreement (Electronic Servitor Publication Network Inc.)
Waivers and Amendments. This Agreement may be amended, superseded, superseded or canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed singed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of as any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 19 contracts
Sources: Employment Agreement, Employment Agreement (Precipio, Inc.), Employment Agreement (Precipio, Inc.)
Waivers and Amendments. This Agreement may be amended, modified, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties Executive and a duly authorized officer of the Company (each, in such capacity, a party) or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 16 contracts
Sources: Executive Employment Agreement (Gene Logic Inc), Employment Agreement (Gene Logic Inc), Employment Agreement (Gene Logic Inc)
Waivers and Amendments. This Agreement may be amended, superseded, superseded or canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any either party of any such right, power or privilege nor any single or partial exercise of as any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 15 contracts
Sources: Employment Agreement, Employment Agreement (Sbarro Inc), Employment Agreement (Sbarro Express LLC)
Waivers and Amendments. This Agreement may be amended, modified, superseded, canceled, renewed or extendedcancelled, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power power, or privilege hereunder, nor any single or partial exercise of any such right, power or privilege, privilege hereunder preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilegeprivilege hereunder.
Appears in 13 contracts
Sources: Executive Employment Agreement (Toppoint Holdings Inc.), Executive Employment Agreement (Toppoint Holdings Inc.), Executive Employment Agreement (Firefly Neuroscience, Inc.)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any either party in exercising any right, power or privilege hereunder (including, without limitation, the right of the Executive to terminate employment for Good Reason) shall operate as a waiver thereof, nor shall any waiver on the part of any either party of any such right, power or privilege nor or any single or partial exercise of any such right, power or privilege, privilege preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 12 contracts
Sources: Executive Employment and Retention Agreement (Itc Deltacom Inc), Executive Employment and Retention Agreement (Itc Deltacom Inc), Executive Employment and Retention Agreement (Itc Deltacom Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument instruments signed by the parties orto this Agreement, or in the case of a waiver, by the party waiving compliance. No Except where a specific period for action or inaction is provided herein, no delay on the part of any a party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall . Neither any waiver on the part of any a party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 10 contracts
Sources: Merger Agreement (Gexa Corp), Merger Agreement (Metromedia International Group Inc), Merger Agreement (Rockefeller Center Properties Inc)
Waivers and Amendments. This Agreement may be amended, superseded, ---------------------- canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 9 contracts
Sources: Employment Agreement (Siemens Aktiengesellschaft/Adr), Employment Agreement (Efficient Networks Inc), Employment Agreement (Hienergy Technologies Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, hereto. The provisions hereof may be waived in the case of a waiver, writing by the party waiving complianceparties hereto. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 8 contracts
Sources: Contribution and Subscription Agreement (TNPC Inc), Subscription Agreement (TNPC Inc), Stockholders Agreement (TNPC Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceledmodified, renewed supplemented or extendedterminated, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 8 contracts
Sources: Share Purchase Agreement, Share Purchase Agreement (Textainer Group Holdings LTD), Share Purchase Agreement (Textainer Group Holdings LTD)
Waivers and Amendments. This Agreement may be amended, superseded, canceledcancelled, renewed renewed, or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliancehereto. No delay on the part of any party in exercising any right, power power, or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power power, or privilege nor any single or partial exercise of any such right, power power, or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 8 contracts
Sources: Employment Agreement (Presidio, Inc.), Employment Agreement (Presidio, Inc.), Employment Agreement (Presidio, Inc.)
Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties all parties, or, in the case of a waiver, by the party entitled to the benefit thereof waiving compliance. No Except as expressly stated herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 7 contracts
Sources: Funds Escrow Agreement (Ventures National Inc), Funds Escrow Agreement (Innovative Companies Inc), Escrow Agreement (Numerex Corp /Pa/)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed amended or extendedmodified, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such other right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 7 contracts
Sources: Asset Purchase Agreement (Wesco Aircraft Holdings, Inc), Stock Acquisition Agreement (Ritchie Capital Management LLC), Stock Acquisition Agreement (Ritchie Capital Management LLC)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, extended and the terms hereof may be waived, only by a written instrument signed by the parties each party, or, in the case of a waiver, by the party waiving compliance. No Except where a specific period for action or inaction is provided herein, no delay on the part of any a party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall . Neither any waiver on the part of any a party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, privilege shall preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 6 contracts
Sources: Funding Agreement (Cognigen Networks Inc), Employment Agreement (Destia Communications Inc), Employment Agreement (Destia Communications Inc)
Waivers and Amendments. This Agreement may be altered, amended, supersededmodified, superseded or canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Parties or, in the case of a waiver, by the party waiving Party alleged to have waived compliance. Any such signature of the Company must be by an authorized signatory for the Board. No delay on the part of by any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 6 contracts
Sources: Employment Agreement (Cyalume Technologies Holdings, Inc.), Employment Agreement (T3 Motion, Inc.), Employment Agreement (T3 Motion, Inc.)
Waivers and Amendments. This Agreement Letter may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 6 contracts
Sources: Employment Agreement (NNN Reit, Inc.), Employment Agreement (NNN Reit, Inc.), Employment Letter Agreement (NNN Reit, Inc.)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed amended or extendedmodified, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilege, privilege hereunder preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 5 contracts
Sources: Series C Preferred Stock Exchange Agreement (Transportation Technologies Industries Inc), Series D Preferred Stock Cancellation Agreement (Transportation Technologies Industries Inc), Series a Preferred Stock Exchange Agreement (Transportation Technologies Industries Inc)
Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties all Parties, or, in the case of a waiver, by the party Party waiving compliance. No Except as expressly stated herein, no delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 5 contracts
Sources: Advisory Services Agreement (MyDx, Inc.), Escrow Agreement (Coconnect Inc), Advisory Services Agreement (Coconnect Inc)
Waivers and Amendments. This Agreement may be amended, modified, ---------------------- superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, in each case only by a written instrument signed by the all parties hereto, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 5 contracts
Sources: Funds Escrow Agreement (Elec Communications Corp), Funds Escrow Agreement (Elec Communications Corp), Funds Escrow Agreement (New Century Energy Corp.)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto, or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in on exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 4 contracts
Sources: Master Agreement (AXA Equitable Holdings, Inc.), Master Agreement (Protective Life Insurance Co), Master Agreement (Protective Life Corp)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 4 contracts
Sources: Non Competition and Non Solicitation Agreement, Non Competition and Non Solicitation Agreement (Dividend Capital Trust Inc), Non Competition and Non Solicitation Agreement (DCT Industrial Trust Inc.)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Dealer and ADP or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party either Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party either Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 4 contracts
Sources: Data Center Services Agreement (CDK Global, Inc.), Transition Services Agreement (CDK Global, Inc.), Data Center Services Agreement (CDK Global Holdings, LLC)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed renewed, or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power power, or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 4 contracts
Sources: Retirement and Transition Agreement (NNN Reit, Inc.), Retirement and Transition Agreement (NNN Reit, Inc.), Retirement and Transition Agreement (National Retail Properties, Inc.)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any rightrights, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 4 contracts
Sources: Employment Agreement (Mazel Stores Inc), Employment Agreement (Mazel Stores Inc), Employment Agreement (Mazel Stores Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Purchaser and Seller or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 4 contracts
Sources: Asset Purchase Agreement (Cancer Genetics, Inc), Asset Purchase Agreement (Response Genetics Inc), Asset Purchase Agreement (Cancer Genetics, Inc)
Waivers and Amendments. This Agreement may only be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by with a written instrument writing signed by the all parties hereto, or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 4 contracts
Sources: Employment Agreement (Adherex Technologies Inc), Employment Agreement (Adherex Technologies Inc), Employment Agreement (Adherex Technologies Inc)
Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the all parties or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 4 contracts
Sources: Shares Escrow Agreement (Recovery Network Inc), Subscription Agreement (5 G Wireless Communications Inc), Escrow Agreement (Sims Communications Inc)
Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties all parties, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part par: of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Accelerated Pharma, Inc.), Securities Purchase Agreement (Accelerated Pharma, Inc.), Securities Purchase Agreement (Accelerated Pharma, Inc.)
Waivers and Amendments. This Agreement may be amended, modified, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties all parties, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party hereto of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 4 contracts
Sources: Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.), Subscription Agreement (Wizard World, Inc.)
Waivers and Amendments. No term or condition of this Agreement may be waived except by a written waiver signed by the Party waiving compliance. This Agreement may be amended, superseded, canceled, renewed amended or extended, and the terms hereof may be waived, modified only by a written instrument signed by the parties or, in the case each of a waiver, by the party waiving complianceBuyer and Seller. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 4 contracts
Sources: Stock Purchase Agreement, Stock Purchase Agreement, Stock Purchase Agreement
Waivers and Amendments. This Agreement may be amended, modified, ------------------------ superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, in each case only by a written instrument signed by the all parties hereto, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 3 contracts
Sources: Funds Escrow Agreement (Trinity Learning Corp), Funds Escrow Agreement (New Century Energy Corp.), Funds Escrow Agreement (New Century Energy Corp.)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Broadridge and ADP or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party either Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party either Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Sources: Transition Services Agreement, Transition Services Agreement (Broadridge Financial Solutions, LLC), Transition Services Agreement (Broadridge Financial Solutions, Inc.)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Buyer and the Seller or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Sources: Vessel Purchase Agreement (Star Bulk Carriers Corp.), Membership Purchase Agreement (Intersections Inc), Merger Agreement (Metromedia International Group Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Sources: Fleet Purchase Agreement (Ocean Rig Partners LP), Agreement and Plan of Merger (Sba Communications Corp), Purchase and Sale Agreement (Sba Communications Corp)
Waivers and Amendments. This Except as set forth in Sections 5.6 and 6.1, this Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Sources: Employment Agreement (Piedmont Office Realty Trust, Inc.), Employment Agreement (Piedmont Office Realty Trust, Inc.), Employment Agreement (Piedmont Office Realty Trust, Inc.)
Waivers and Amendments. This Agreement may be amended, ---------------------- superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No Except as expressly provided herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Sources: Employment Agreement (Select Medical Corp), Employment Agreement (Select Medical Corp), Employment Agreement (Select Medical Corp)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any either party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Sources: Employment Agreement (Jp Foodservice Inc), Release and Settlement Agreement (Rykoff Sexton Inc), Release and Settlement Agreement (Rykoff Sexton Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party or parties waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, privilege preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Sources: Acquisition Agreement, Acquisition Agreement (CleanTech Biofuels, Inc.), Acquisition Agreement (CleanTech Biofuels, Inc.)
Waivers and Amendments. This Severance Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Sources: Retirement Agreement (Air Lease Corp), Severance Agreement (Air Lease Corp), Severance Agreement (Air Lease Corp)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed amended or extended, and the terms a provision hereof may be waived, waived only by a written instrument signed by each of the parties orhereto in the case of an amendment, or in the case of a waiver, by the party waiving compliancehereto entitled to make such a waiver. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Sources: Reinsurance Agreement (VARIABLE ANNUITY ACCOUNT B OF VOYA RETIREMENT INSURANCE & ANNUITY Co), Reinsurance Agreement (Select Life Variable Account), Reinsurance Agreement (Select Life Variable Account)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Buyer and the Sellers or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Sources: Stock Purchase Agreement, Stock Purchase Agreement (Bowne & Co Inc), Stock Purchase Agreement (SDL Inc)
Waivers and Amendments. This Agreement may be amended, modified, ---------------------- superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties all parties, or, in the case of a waiver, by the party waiving compliance. No Except as expressly stated herein, no delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor hereunder preclude any single other or partial future exercise of any such other right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 3 contracts
Sources: Funds Escrow Agreement (Advanced Aerodynamics & Structures Inc/), Funds Escrow Agreement (Advanced Aerodynamics & Structures Inc/), Funds Escrow Agreement (Goldspring)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party or parties waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, privilege preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Goldfield Corp), Stock Purchase Option Agreement (Westar Industries Inc), Stock Purchase Agreement (Orion Power Holdings Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliancehereto. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 3 contracts
Sources: Employment Agreement (B. Riley Financial, Inc.), Employment Agreement (FBR & Co.), Employment Agreement (FBR & Co.)
Waivers and Amendments. This Agreement may be amended, superseded---------------------- superceded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor privilege, or any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Option Agreement (Ourpets Co), Option Agreement (Ourpets Co)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument that expressly identifies the applicable provision and that is signed by the parties Company and Executive or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Separation Agreement (Orchids Paper Products CO /DE), Separation Agreement (BioScrip, Inc.)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party part in exercising any right, power or privilege hereunder shall will operate as a waiver thereof, nor shall will any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Employment Agreement (Olympic Steel Inc), Employment Agreement (Olympic Steel Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Buyers and the Sellers or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Dickstein Partners Inc), Stock Purchase Agreement (Three Cities Fund Ii Lp)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Asset Purchase Agreement (SRAX, Inc.), Purchase Agreement (Momentive Specialty Chemicals Inc.)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed modified or extended, supplemented and the terms hereof may be waived, only by a written instrument signed by the parties Buyers and the Sellers or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. The rights, remedies, powers and privileges provided in this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by applicable Law.
Appears in 2 contracts
Sources: Securities Purchase Agreement (TerraForm Power, Inc.), Securities Purchase Agreement (TerraForm Power, Inc.)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed amended or extendedmodified, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties Parties hereto or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege hereunder, nor any single or partial exercise of any such other right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 2 contracts
Sources: Share Purchase Agreement (American Lorain CORP), Share Purchase Agreement (American Lorain CORP)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed modified or extended, supplemented and the terms hereof may be waived, only by a written instrument signed by the parties Renova and EMYC or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. The rights, remedies, powers and privileges provided in this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by applicable Law.
Appears in 2 contracts
Sources: Option Agreement for Development Assets and Development Project Companies, Option Agreement (Renova Energy S.A.)
Waivers and Amendments. This Agreement may be amended, supersededsuspended, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the both parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor thereof Nor shall any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 2 contracts
Sources: Employment Agreement (USMD Holdings, Inc.), Employment Agreement (USMD Holdings, Inc.)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Goran Capital Inc), Asset Purchase Agreement (Symons International Group Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the both parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party of any such right, power or privilege nor hereunder, or any single or partial exercise of any such right, power or privilege, privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 2 contracts
Sources: Employment Agreement (China Direct Trading Corp), Employment Agreement (China Direct Trading Corp)
Waivers and Amendments. This Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by both of the parties orParties, or in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party either Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Commutation Agreement, Commutation Agreement (RAM Holdings Ltd.)
Waivers and Amendments. This Agreement may only be amended, superseded, canceled, renewed or extended, and the terms hereof hereof, may be waived, only by with a written instrument writing signed by the all parties hereto, or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, thereof nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Employment Agreement (Adherex Technologies Inc), Employment Agreement (Adherex Technologies Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by be a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any either party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Merger Agreement (Rykoff Sexton Inc), Merger Agreement (Rykoff Sexton Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Employment Agreement (Friedman Billings Ramsey Group Inc), Employment Agreement (FBR Capital Markets Corp)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Parties, or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Coinsurance Agreement (Farmers Annuity Separate Account A), Master Transaction Agreement (Cna Financial Corp)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the this case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, right power or of privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Employment Agreement (Netreit), Employment Agreement (Netreit)
Waivers and Amendments. This Except as provided below, this Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Purchaser and Seller or, in the case of a waiver, by Purchaser or Seller, as the party case may be, waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any . No waiver on the part of any party of any such right, power or privilege nor any privilege, and no single or partial exercise of any such right, power or privilege, shall preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Able Laboratories Inc), Asset Purchase Agreement (Able Laboratories Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Employment Agreement (Nymex Holdings Inc), Employment Agreement (Nymex Holdings Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed modified or extended, supplemented and the terms hereof may be waived, only by a written instrument signed by the parties EMYC and Renova or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. The rights, remedies, powers and privileges provided in this Agreement are cumulative and not exclusive of any rights, remedies, powers and privileges provided by applicable Law.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Terraform Global, Inc.), Securities Swap Agreement (Terraform Global, Inc.)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by all of the parties or, parties. The provisions hereof may be waived only in the case of a waiver, writing signed by the party or parties waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Share Purchase Agreement (Noble International, Ltd.), Transition Services Agreement (Noble International, Ltd.)
Waivers and Amendments. This Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Consulting Agreement (Ubarter Com Inc), Consulting Agreement (International Barter Corp)
Waivers and Amendments. This Agreement may be amended, superseded, superseded or canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed singed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of as any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 2 contracts
Sources: Employment Agreement (IntraLinks Holdings, Inc.), Employment Agreement (Intralinks Inc)
Waivers and Amendments. This Agreement Amendment may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Waivers and Amendments. This Agreement may be amended, modified, superseded, canceled, renewed or extended, and the terms and conditions hereof may be waived, only by a written instrument signed by the parties Exhibit 10.97 Executive and a duly authorized officer of the Company (each of the Executive and Company, in such capacity, a party) or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege hereunder, nor any single or partial exercise of any such right, power or privilegeprivilege hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeprivilege hereunder.
Appears in 1 contract
Waivers and Amendments. This Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties orSeller and Buyer. The provisions hereof may be waived in writing by Seller or Buyer, in as the case of a waiver, by may be. Any such waiver shall be effective only to the party waiving complianceextent specifically set forth in such writing. No failure or delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor . Nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Sources: Asset Purchase Agreement (Toymax International Inc)
Waivers and Amendments. This Agreement agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor or shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof and conditions of this Agreement may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliancegranting the waiver. No delay on the part of any party in exercising any right, power or privilege hereunder shall under this Agreement will operate as a waiver thereofof such right, power or privilege, nor shall will any waiver on the part of any party of any such right, power or privilege under this Agreement, nor any single or partial exercise of any right, power or privilege under this Agreement, preclude any other or future exercise of such right, power or privilege, preclude any other or further exercise thereof privilege or the exercise of any other such right, power or privilegeprivilege under this Agreement.
Appears in 1 contract
Sources: Management Services Agreement (Waterford Gaming LLC)
Waivers and Amendments. This Agreement may be amended, ---------------------- superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument instruments signed by the parties orto this Agreement, or in the case of a waiver, by the party waiving compliance. No Except where a specific period for action or inaction is provided herein, no delay on the part of any a party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall . Neither any waiver on the part of any a party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, shall preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Sources: Agreement and Plan of Merger (Metro-Goldwyn-Mayer Inc)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by Parent and the parties Stockholder or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Contributor and the Company or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Waivers and Amendments. This Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Waivers and Amendments. This Agreement may be amended, ---------------------- superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed duly executed by all the parties or, in the case of a waiver, by the party waiving compliancehereto. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Waivers and Amendments. This Agreement may be amended, ---------------------- superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any either party of any such rightrights, power or privilege nor not any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by the parties or, both Arcelor Auto and Noble. The provisions hereof may be waived only in the case of a waiver, writing signed by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Sources: Share Purchase Agreement (Noble International, Ltd.)
Waivers and Amendments. This Agreement may be amended, supersededsuperceded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in Company and the case of a waiver, by the party waiving complianceExecutive. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Sources: Termination Agreement (Twinlab Corp)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, amended and the terms hereof may be waived, and consents may be provided, only by a written instrument signed by the parties Seller and Purchaser or, in the case of a consent or waiver, by the party Purchaser or Seller, as applicable, who is providing such consent or waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, ; nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Waivers and Amendments. This Agreement may be altered, amended, supersededmodified, superseded or canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by all of the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of by any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Sources: Restrictive Covenant Agreement (EF Hutton Acquisition Corp I)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Waivers and Amendments. This Agreement may be amended, modified, superseded, canceled, renewed or extendedcancelled, and the terms and conditions hereof may be waived, waived only by a written instrument signed by the parties hereto or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such rightright hereunder, power or privilege nor any single or partial exercise of any such right, power or privilegerights hereunder, preclude any other or further exercise thereof or the exercise of any other such right, power or privilegeright hereunder.
Appears in 1 contract
Sources: Employee Confidentiality Agreement
Waivers and Amendments. This Agreement may be amended, supersededsuperceded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties or, in Purchaser and the case of a waiver, by the party waiving complianceSeller. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, amended and the terms hereof may be waived, and consents may be provided, only by a written instrument signed by the parties Seller and Purchaser or, in the case of a consent or waiver, by the party Purchaser or Seller, as applicable, who is providing such consent or waiving compliance. No delay on the part of any party either Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, ; nor shall any waiver on the part of any party either Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Waivers and Amendments. This Unless otherwise provided herein, this Agreement may be amended, superseded, canceledcancelled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Parties or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Company and the Executive or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party of any such right, power or privilege nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Sources: Employment Agreement (Bimini Capital Management, Inc.)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, extended only by a written instrument signed by each of the parties or, Parties. The provisions hereof may be waived only in the case of a waiver, writing signed by the party waiving complianceParty making such waiver or sought to be bound thereby. No delay on the part of any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Sources: Asset Purchase Agreement (Cadrenal Therapeutics, Inc.)
Waivers and Amendments. This Agreement may be altered, amended, supersededmodified, canceled, renewed superseded or extendedcancelled, and the terms hereof may be waived, only by a written instrument signed by the parties Parties or, in the case of a waiver, by the party waiving Party alleged to have waived compliance. Any such signature of the Company must be by an authorized signatory for the Company. No delay on the part of by any party Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power power, or privilege.
Appears in 1 contract
Sources: Employment Agreement (Agrify Corp)
Waivers and Amendments. This Agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Buyer and the Seller or, in the case of a waiver, by the party Party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party Party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Sources: Asset Purchase Agreement (National Investment Managers Inc.)
Waivers and Amendments. This Agreement agreement may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by the parties Company and the Seller or, in the case of a waiver, by the party waiving compliance. No delay on the part of any party in exercising any right, power or privilege hereunder shall will operate as a waiver thereof, nor shall will any waiver on the part of any party of any such right, power or privilege privilege, nor any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
Appears in 1 contract
Sources: Asset Purchase Agreement (Endeavor Explorations Inc.)